Court case- small claims

[sparky74]

Probably a silly question, but if anyone can help then great. So I started a small claim in Aug 2014, in march 2015 the law has changed on tenancies etc. If the case ended up in court would the court take the new regulations or judge the case on what the law said back in Aug 2014

[stevemLS]

Re: Court case- small claims

In most cases, the issue is decided according to the law that applied at the time.

So, for example, those convicted of criminal offences must be sentenced according to the law at the time the offence was committed, regardless of whether the available sentences have increased/decreased since.

[nemesis45]

Re: Court case- small claims

Probably a silly question, but if anyone can help then great. So I started a small claim in Aug 2014, in march 2015 the law has changed on tenancies etc. If the case ended up in court would the court take the new regulations or judge the case on what the law said back in Aug 2014

What stage is the claim at?

nem

[sparky74]

Re: Court case- small claims

I have recieved directions quetsionnaire requesting the case is heard by a medaitor in an attempt to resolve before going to court. Basiocally the claim was made in August 2014 and it was for the tenancy on a property being renewed and the letting agent not sending the prescribed information from the TDS. The tenancy changed from Statuaory to Periodic and at the time Superstrike v Rodriguez ruled that this was not legal. However the law has now changed to say that the letting agents no longer need to re send the prescribed information and this is to cut out the loophole. I dont know if i went to court if the Judge would rule on the new law or the law when the claim was made.

[stevemLS]

Re: Court case- small claims

It will be decided on the basis of the law at the time the landlord did/did not comply with his obligations to send information.